Common use of Representations and Warranties; Agreements and Covenants Clause in Contracts

Representations and Warranties; Agreements and Covenants. All of the representations and warranties of the Company contained herein that (A) are qualified as to materiality shall be true and correct on and as of the Closing Date, except to the extent any representation or warranty expressly relates to an earlier date and that (B) are not qualified as to materiality are true and correct in all material respects on and as of the Closing Date, except to the extent any representation or warranty expressly relates to an earlier date. The Company shall have performed or complied with all agreements, covenants and conditions contained herein and in the Registration Rights Agreement and the Commitment Letter which are required to be performed or complied with by the Company on or before the Closing Date.